Nichtigkeitserklärung

Nichtigkeitserklärung, meaning "declaration of nullity" in German, is a legal concept that refers to a formal declaration by a court that an act, document, or legal transaction is void from its inception. This means that the act or document is considered as if it never existed in the eyes of the law. The declaration of nullity is typically sought when a fundamental legal flaw is present.

Common grounds for a Nichtigkeitserklärung include lack of capacity of the parties involved, illegality of the subject matter, violation of mandatory legal provisions, or absence of essential legal requirements. For example, a contract entered into by a minor without proper consent might be declared void. Similarly, a will that does not meet the statutory formalities could be subject to a Nichtigkeitserklärung.

The effect of a successful Nichtigkeitserklärung is retrospective. It nullifies the act or document from the very beginning, meaning any consequences that arose from it are also legally undone. This often requires the parties to be restored to their original positions as if the void act had never occurred. The process usually involves initiating legal proceedings where the party seeking the declaration must prove the grounds for nullity.